Logan's Roadhouse Faces Allegations they Did Not Provide Employees with Breaks

In a recently filed California class action lawsuit, Logan's Roadhouse faces allegations that they did not provide their employees with breaks, which violates labor law.

The Case: Symba Rose v. LG Enterprises LLC dba Logan's Roadhouse, J and A Food Service, Inc.,

The Court: Butte County Superior Court of the State of California

The Case No.: 23CV00426

The Plaintiff: Symba Rose v. Logan's Roadhouse

The plaintiff in the case, Symba Rose (previously named Jamal Shabazz), was employed by Logan's Roadhouse (aka the Defendants) from July 2022 to August 2022 as a non-exempt hourly employee entitled to the protections offered employees by state and federal employment laws.

The Defendant: Symba Rose v. Logan's Roadhouse

The defendants in the case, LG Enterprises LLC dba Logan's Roadhouse, and J and A Food Service, Inc., were joint employers of the plaintiff, according to documents the company provided to the plaintiff. The plaintiff performed work for both, respectively, so both are considered jointly responsible by the plaintiff for actions leading to employment law violations as described in the lawsuit. Defendant owns, operates, or manages Logan's Roadhouse restaurants in California, including the Logan's Roadhouse in Butte County, where Symba Rose worked.

The Allegations: Symba Rose v. Logan's Roadhouse

The plaintiff claims that they engaged in numerous employment law violations during his time with the restaurant. According to the complaint, the defendants allegedly violated California Labor Code Sections §§ 201, 202, 203, 204, 210, 226, 226.7, 246, 510, 512, 558, 1194, 1197, 1197.1, and 1198 with practices and policies that resulted in:

• failing to pay minimum wages

• failing to pay overtime wages

• failing to provide required meal and rest periods

• failing to provide wages when due

• failing to provide accurate itemized wage statements

The Case: Symba Rose v. Logan's Roadhouse

According to court documents, Logan's Roadhouse employees, like the plaintiff, had rigorous work schedules, which allegedly left them unable to take off-duty rest breaks. In addition, they were not fully relieved of duty for their rest periods. Additionally, Logan's Roadhouse's and J and A Food Service's workers were allegedly not paid one hour of their regular working wage in place of missed breaks and rest periods.

If you have questions about how to file a California overtime lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced wage and hour attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Did Pacific Production Plumbing Violate California Labor Law?

A recent California lawsuit alleges that Pacific Production Plumbing violated employee protections outlined in federal and state labor law.

The Case: Thomas E. Weathermon III v. Pacific Production Plumbing

The Court: San Diego County Superior Court of the State of California

The Case No.: 37-2022-00006167-CU-OE-CTL

The Plaintiff: Thomas E. Weathermon III v. Pacific Production Plumbing

The plaintiff in the case, Thomas E. Weathermon III, filed a class action complaint against Pacific Production Plumbing. In the complaint, Weathermon alleged that Pacific Production Plumbing failed to provide their employees with timely, off-duty meal and rest periods as required by law.

The Defendant: Thomas E. Weathermon III v. Pacific Production Plumbing

The defendant in the case, Pacific Production Plumbing, provides plumbing services to private, commercial, and construction customers throughout California, including San Diego, where the plaintiff worked.

The Case: Thomas E. Weathermon III v. Pacific Production Plumbing

In the case Thomas E. Weathermon III v. Pacific Production Plumbing, the defendant allegedly violated California Labor Code Sections §§ 201, 202, 203, 204, 226, 226.7, 246, 510, 512, 558, 1194, 1197, 1197.1, 1198 and 2802 by engaging in practices and policies that resulted in:

• failing to pay employees at least minimum wage for all hours worked

• failing to pay overtime wages for all overtime hours worked

• failing to provide required meal and rest periods as mandated by employment law

• failing to provide accurate itemized wage statements to all employees

• failing to provide wages when due

• failing to reimburse workers for necessary business expenses

PAGA Violation: Thomas E. Weathermon III v. Pacific Production Plumbing

The lawsuit also alleges Pacific Production Plumbing violated the Private Attorneys General Act ("PAGA"), which gives rise to civil penalties. PAGA allows aggrieved employees to file a lawsuit to recover civil penalties for themselves, other employees, and the State of California for Labor Code violations. PAGA "deputizes" aggrieved employees as private attorneys general, allowing them to take action to enforce the Labor Code on behalf of California (Cal. Lab. Code section 2699(c)).

If you have questions about how to file a California overtime lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced wage and hour attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Did a Translation Firm Fail to Pay Its Interpreters Minimum Wage and Overtime Pay?

According to a recent California wage and hour lawsuit, a translation firm allegedly failed to pay its interpreters the minimum wage and overtime pay they earned and to provide proper meal and rest breaks.

The Case: Simone Franco de Andrade Boyce v. Language Line Services Inc.

The Court: Eastern District Court of Northern Carolina

The Case No.: 5:22-cv-08076

The Plaintiff: Simone Franco de Andrade Boyce v. Language Line Services Inc.

The plaintiff in the case, Simone Franco de Andrade Boyce, was hired in March 2020 as an interpreter for Langugae Line Services Inc. According to court documents, the plaintiff claims the defendant violated labor law by failing to pay minimum wage, failing to pay overtime pay as required, and violating meal and rest time break requirements. Boyce filed the wage and hour lawsuit in the Eastern District Court of Northern Carolina, and the case was assigned to Magistrate Judge Susan van Keulen but was reassigned to a US District Court Judge Beth Labson Freeman, outside the San Jose Division under the Caseload Rebalancing Pilot Program.

The Defendant: Simone Franco de Andrade Boyce v. Language Line Services Inc.

The defendant in the case, Language Line Services Inc and On Line Translation Inc. share an address in Monterey, California. According to court documents, they allegedly failed to give workers accurate wage statements, reimburse necessary and reasonable business expenses, pay minimum wages earned by workers, and pay overtime wages due for overtime hours worked.

The Case: Simone Franco de Andrade Boyce v. Language Line Services Inc.

According to the complaint filed in the US District Court for the Northern District of California, Simone Franco de Andrade Boyce alleges. Language Line Services Inc. engaged in multiple labor law violations, 29 USC § 201 Fair Labor Standards Act.

If you have questions about how to file a California wage and hour lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Burton Restaurants, LLC is Facing Allegations that They Failed to Provide Accurate Wage Statements

According to employment law, employers must provide employees with accurate, itemized wage statements. In a recently filed California employment law complaint, employees allege Burton Restaurants, LLC failed to comply with this requirement.

The Case: Whitfield & Valdez v. Burton Restaurants, LLC & High Performance Hospitality, LLC

The Court: San Diego County Superior Court

The Case No.: 37-2023-00001045-CU-OE-CTL

The Plaintiff: Whitfield & Valdez v. Burton Restaurants, LLC

The plaintiffs in the case, Whitfield and Valdez, filed a class action lawsuit against Burton Restaurants, LLC. In the class action, the plaintiffs allege that the company violated the California Labor Code.

The Defendant: Whitfield & Valdez v. Burton Restaurants, LLC

The defendants in the case, Burton Restaurants, LLC, and High Performance Hospitality, LLC, are identified as joint employers by the plaintiff for the purposes of this class action. According to the class action complaint, the defendants allegedly failed to pay minimum wages, failed to pay overtime wages, failed to provide meal and rest periods required by employment law, failed to provide employees with required accurate, itemized wage statements, failed to reimburse employees for required expenses, and failed to provide employees with wages when they were due. The allegations violated numerous California Labor Codes, including §§ 201-204, 226, 226.7, 233, 246, 510, 512, 1194, 1197, 1197.1, 2802, and the applicable Wage Order(s).

The Case: Whitfield & Valdez v. Burton Restaurants, LLC

The lawsuit against Burton Restaurants, LLC is pending in the San Diego County Superior Court.

If you have questions about how to file a California wage and hour lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced wage and hour attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Real Time Staffing Services, Employbridge and Lakeshore Learning Materials Face Wage and Hour Lawsuit

In a recently filed wage and hour lawsuit, California employees claim that Real Time Staffing Services, Employbridge, and Lakeshore Learning Materials violated the California Labor Code by failing to provide employees with timely, off-duty meal and rest periods required by law.

The Case: Zelaya v. Real Time Staffing Services, LLC, et al.

The Court: Los Angeles County Superior Court of the State of California

The Case No.: 23STCV01037

The Plaintiff: Zelaya v. Real Time Staffing Services, LLC, et al.

The plaintiff in the case, Zelaya, was an employee of Real Time Staffing Services (or another listed defendant) from March 2022 through May 2022. During his time employed with the company, Zelaya was classified as a non-exempt employee and paid hourly. As a non-exempt, hourly employee, Zelaya was entitled to employment law protections, including minimum wage, overtime pay, etc. Zelaya was assigned to work at a Defendant Lakeshore Learning facility. The plaintiff brought a Class Action lawsuit on behalf of himself and a California class of other employees and former employees of the defendant as non-exempt employees in California who were assigned to work at the Defendant’s Lakeshore Learning location during the specified period.

The Defendant: Zelaya v. Real Time Staffing Services, LLC, et al.

The defendant in the case, Real Time Staffing Services, LLC, et al., employed the plaintiff as an hourly employee with non-exempt status in California (or acted on behalf of their employer) who either paid or caused to be paid a rate less than minimum wage allegedly in violation of employment law.

The Case: Zelaya v. Real Time Staffing Services, LLC, et al.

According to the California class action allegations, the defendants failed to provide employees with timely, off-duty meal breaks and rest periods. The California employer allegedly violated numerous California Labor Code Sections, including §§ 201, 202, 203, 204, 226, 226.7, 246, 510, 512, 558, 1194, 1197, 1197.1, 1198. The alleged employment law violations included:

● Failed to pay minimum wage

● Failed to pay overtime wages

● Failed to provide required meal and rest periods

● Failed to provide employees with accurate itemized wage statements

● Failed to provide employees with wages when they were due

In addition, the class action claims that the defendants violated the Private Attorneys General Act (PAGA), giving rise to civil penalties. Under PAGA, aggrieved employees can file a lawsuit to recover civil penalties on their own behalf, on behalf of other employees, and on behalf of the State of California due to Labor Code violations. Under PAGA, an aggrieved employee can become a deputized private attorney general to enforce Labor Code.

If you have questions about how to file a California wage and hour lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced wage and hour attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

The Permanente Medical Group, Inc. Allegedly Failed to Pay Sick Wages

In recent news, The Permanente Medical Group faces allegations they violated employment law when they failed to pay sick wages to employees.

The Case: Erica Morris v. The Permanente Medical Group

The Court: Sacramento County Superior Court

The Case No.: 34-2022-00332012

The Plaintiff: Erica Morris v. The Permanente Medical Group

The plaintiff in the case, Erica Morris, was employed by The Permanente Medical Group in 2008. Morris was classified as a non-exempt employee and paid hourly during her employment. As such, she was entitled to legally required meal breaks, rest periods, minimum wage, and overtime pay due for all hours worked. The plaintiff brought the class action wage and hour lawsuit on behalf of herself and other employees and former employees in similar situations during the four years preceding the filing of the complaint (with an end date for qualification as determined by the court). The plaintiff seeks losses incurred by employees due to their employer’s policies and practices on wage payment.

The Defendant: Erica Morris v. The Permanente Medical Group

The defendant in the case, The Permanente Medical Group, is a California Corporation providing medical services to clients throughout California. The group is headquartered in Oakland, California.

The Case: Erica Morris v. The Permanente Medical Group

According to the plaintiff in the case, the employer required employees to work off the clock, did not provide required off-duty meal breaks, did not pay employees for all hours worked due to a practice of rounding employee hours, required employees to submit to mandatory temperature checks and symptom questionnaires off the clock, etc. As a result of these standard practices, the plaintiff claims their employer violated labor law by failing to pay minimum wage, failing to pay overtime pay, and failing to provide off-duty meal breaks. Additionally, the plaintiff claims that the employer’s failure to incorporate incentive pay into their regular rate of pay when calculating overtime violated their rights under employment law. The Complaint also alleges that The Permanente Medical Group, Inc. did not pay employees accurate sick pay wages (in violation of California Labor Code Section 246). When the company paid sick pay wages, they allegedly paid them at a base pay rate that did not include the higher pay rate generated by earned non-discretionary incentive wages employees routinely earned.

If you have questions about how to file a California wage and hour lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced wage and hour attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Can Earned Wages Due on Weekends Be Paid the Next Weekday?

In recent news, the court held that earned wages due on weekends can generally be paid the next weekday.

The Case: Parsons v. Estenson Logistics

The Court: Sacramento Superior Court

The Case No.: 34-2018-00247176-CU-OE-GDS

The Plaintiff: Parsons v. Estenson Logistics

The plaintiff in the case, Mr. Parsons, received pay through the company’s weekly pay period running from Sunday through the following Saturday. Parsons alleged that the delay between the end of the pay period and when the employer issued payment to employees violated Labor Code section 204, subdivision (d).

The Defendant: Parsons v. Estenson Logistics

The defendant in the case, Estenson Logistics, had a standard practice to pay their employees on the second Monday after the pay period (aka typically nine calendar days after the pay period). Parsons v. Estenson Logistics clarifies a gray area and provides California employers with common sense flexibility for paying earned wages when a payday falls on a weekend.

The Case: Parsons v. Estenson Logistics

When the Court disagreed with the plaintiff’s argument that the delay in payment was a legal violation, they reasoned that California Code of Civil Procedure section 12a (Section 12a) governed the employer’s timely payment obligations (under Labor Code § 204); and that since Section 12a extends deadlines falling on holidays to the following non-holiday, Estenson’s practice of paying their employees on Monday after the weekend deadline for payment was a legal practice. In Parsons v. Estenson Logistics, the court held that when weekly-paid wages are due on a weekend or a holiday, they can legally be paid on the next day that is not a holiday. In essence, the Court set forth a common-sense “exception” to the seemingly inflexible rules about the timely payment of employee wages in California.

If you have questions about how to file a California wage and hour lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced wage and hour attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.